CONSTITUTION" The source of this uncorrected OCR text may be viewed as a digital facsimile at: http://fax.libs.uga.edu/ OF THE CONFEDERATE STATES 01 ABERICA. OS!'TIS) STATES OF AMERICA. WE, the people of the Confeder ate States, each State acting in its sovereign and independent charac ter, in order to form a permanent federal government, establish justice, insure domestic tranquility, and se cure the blessings of liberty to our selves and our posterity—invoking the favor and guidance of Almighty God—do ordain and establish this Constitution of the Confederate States of America. ARTICLE I. SECTION I. 1. All legislative powers herein del egated shall be vested in a Congress of the Confederate States, which shall consist of a Senate and House of Representatives. SECTION II. 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall be citizens of the | Confederate States, and have the qualifications requisite for electors of the most numerous branch of the State Legislature; but no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or polit ical, State or federal. 2. No person shall be a Represen tative, who shall not have attained the age of twenty-five years, and be a citizen of the Confederate States, WE, the people of the United States, in order to form a more per fect union, establish justice, insure domestic tranquility, provide for the common defence, promote the gen eral welfare, and secure the blessings of liberty to ourselves and our pos terity, do ordain and establish this Constitution for the United States of America. ARTICLE I. SECTION I. 1. All legislative powers herein granted, shall be vested in a Con gress of the United States, which shall consist of a Senate and House of Representatives. SECTION II. 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall have the qualifi cations requisite for electors of the most numerous branch of the State Legislature. 2. No person shall be a Represen tative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the and who shall not, when elected, be an inhabitant of that State in which he shall bo chosen. 3. Representatives and direct tax es shall be apportioned among the several States which may be includ ed within this Confederacy, accord ing to their respective numbers— which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding In dians not taxed, three-fifths of all slaves. The actual enumeration shall be made within three years after the first meeting of the Congress of the Confederate States, and within every subsequent term of ten years, in such manner as they shall, by law, direct. The number of Representatives shall not exceed one for every fifty thou sand, but each State shall have, at least, one Representative ; and until such enumeration shall be made, the State of South Carolina shall be en titled to choose six, the State of Georgia ten, the State of Alabama nine, the State of Florida two, the State of Mississippi seven, the State of Louisiana six, and the State of Texas, six. 4. "When vacancies happen in the representation from any State, the Executive authority thereof shall is sue writs of election to fill such va cancies. 5. The House of Representatives shall choose their Speaker and other officers, and shall have the sole pow er of impeachment; except that any judicial or other federal officer resi dent and acting solely within the limits of any State, may be impeach ed by a vote of two-thirds of both branches of the Legislature thereof. SECTION III. 1. The Senate of the Confederate States shall be composed of two Sen ators from each State, chosen for six years by the Legislature thereof at the regular session next immediately United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3. Representatives and direct tax es shall be apportioned among the several States which may be includ ed within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, in cluding those bound to service for a teim of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Con gress of the United States, and with in every subsequent term of ten years, in such manner as they shall, by law, direct. The number of Rep resentatives shall not exceed one for every thirty thousand, but each State shall have, at least, one Representa tive; and until ,such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut, five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. 4. When vacancies happen in the representation from any. State, the Executive authority thereof shall is sue writs of election to fill up such vacancies. 5. The House of Representatives shall choose their Speaker and other officers, and shall have the sole .pow er of impeachment. SECTION in. 1. The Senate of the United States shall be composed of two Senators from each State, chosen by the Leg islature thereof, for six years; and each Senator shall have one vote. preceding the commencement of the I term of service; and each Senator | shall have one vote. 2. Immediately after they shall be assembled, in consequence of the first election, they shall be divided as- equally as may be into three classes. The seats of the Senators of the first j class shall be vacated at the expira tion of the second year; of the sec ond class at the expiration of the fourth year; and of the third class at the expiration of the sixth year; so that one-third may be chosen eve ry second year; and if vacancies happen by resignation, or otherwise, during the racess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legis- ' lature, which shall then fill such va cancies. ; 3. No person shall be a Senator . who shall not have attained the age of thirty years, and be a citizen of the Confederate States; and who shall not, when elected, be an inhab itant of the State for which he shall be chosen. 4. The Vice President of the Con federate States shall be President of the Senate; but shall have no vote, unless they be equally divided. I 5. The Senate shall choose their ] other officers; and also a President pro tempore in the absence of the Vice President, or when he shall ex ercise the office of President of the Confederate States. 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the Confederate States is tried, the Chief Justice shall pre side ; and no person shall be con victed without the concurrence of two-thirds of the members present. 7. Judgment in cases of impeach- i ment shall not extend further than | to removal from office, and disquali fication to hold and enjoy any office of honor, trust or profit under the Confederate States; but the party convicted shall, nevertheless, be lia ble and subject to indictment, trial, 2. Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally as ma}' be into three classes. The seats of the Senators of the first class shall be vacated at the expira tion of the second year; of the sec ond class at the expiration of the, fourth year; and of the third class at the expiration of the sixth year; so that one-third may be chosen every second year ; and if vacancies hap pen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legis lature, which shall then fill such va cancies. 3. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States; and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. 4. The Vice President of the United States shall be President of the Senate ; but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall ex ercise the office of President of the United States. 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present. 7. Judgment in case of impeach ment shall not extend further than to removal from office, and disquali fication to hold'and enjoy any office of honor, trust, or profit, under the United States; but the party con victed shall, nevertheless, be liable and subject to indictment, trial, judg- judgment and punishment according to law. SECTION IV. 1. The times, places and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof, subject to the provisions of this' Constitution ; but the Congress may, at any time, by law, make or alter such regulations, except as to the times and places of choosing Senators. 2. The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day. SECTION v. 1. Each House shall be the judge of the elections, returns and qualifi cations Kof its own members, and a majority of each shall constitute a quorum to do business; but a small er number may adjourn from day to day, and may be authorized to com pel the attendance of absent mem bers, in such manner, and under such penalties, as each House may pro vide. 2. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds of the whole number, expel a mem ber. 3. Each House shall keep a jour nal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secresy; and the yeas and navs of the members of either House, 011 any question, shall, at the desire of one-fifth of'those present, be en tered on the journal. .4. Neither House, during the ses sion of Congress, sh'all, without the consent of the other, adjourn for more than three days, nor to any other place than that in -which the two Houses shall be sitting. ment and punishment, according to law. SECTION IV. 1. The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may, at any time, by law, make or alter such regulations, except as to the place of choosing Senators. 2. The Congress shall assemble, at least, once in every year; and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day. SECTION v. 1. Each House shall be the judge of the elections, returns and qualifi cations of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn ,from day to day, and may be authorized to com pel the attendance of absent mem bers, in such manner and under such penalties, as each House may pro vide. 2. Each House may determine the rule of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. 3. Each House shall keep a jour nal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secresy; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-fifth of those present, be en tered on the journal. 4. Neither House, daring the ses sion of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. SECTION VI. 1. The Senators and Representa tives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the Confederate States. They shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and return ing from the same; and for any speech or debate in either House, they shall not be questioned in any other place. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the Confederate States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person hold ing any office under the Confederate States shall be a member of either House during his continuance in office. But Congress may, by law, grant to the principal officer in each of the Executive Departments a seat upon the floor of either House, with the privilege of discussing any meas ure appertaining to his department. SECTION VII. 1. All bills for raising revenue shall originate in the House of Represen tatives ; but the Senate may propose or concur with amendments, as on other bills. 2. Every bill, which shall have passed both Houses, shall, before it becomes a law, be presented to the President of the Confederate States ; if he approve, he shall sign it; but if not, he shall return it, with his ob jections, to that House in which it shall have originated, who shall enter the objections at large on their jour nal and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be recon sidered, and if approved by two- SECTION VI. 1. The Senators and Representa tives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to or returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States shall be a member of either House during his continuance in office. SECTION VII. 1. All bills for raising revenue shall originate in the House of Represen tatives; but the Senate may propose or concur with amendments, as on other bills. 2. Every bill which shall have passed the House of Representatives and the Senate shall, before it be come a law, be presented to the President of the United States; it he approve, he shall sign it; but if not, he shall return it, with his ob jections, to that House in which it shall have originated, who shall enter the objection at large on their jour nal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be recon- b thirds of that House, it shall become a law. But, in all such cases, the votes of both Houses shall be deter mined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respec tively. If any bill shall not be re turned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like man ner as if he had signed it, unless the Congress, by their adjournment, pre vent its return; in which case it shall not be a law. The President may approve any appropriation and dis approve any other appropriation in the same bill. In such case he shall, in signing the bill, designate the ap propriations disapproved; and shall return a copy of such appropriations, with his objections, to the House in which the bill shall have originated; and the same proceedings shall then be had as in case of other bills dis approved by the President. 3. Every order, resolution or vote, to which the concurrence of both Houses may be necessary (except on a question of adjournment), shall be presented to the President of the Confederate States; and before the same shall take effect, shall be ap proved by him; or being disapproved by him, shall be repassed by two- thirds of both Houses, according to the rules and limitations prescribed iii case of a bill. SECTION VIII. sidered, and if approved by two- thirds of that House, it shall become a law. But, in all such cases, the votes of both Houses shall be deter mined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respec tively. If any bill shall not be re turned by the President within ten clays (Sundays excepted) after it shall have been presented to him, the same shall be a law in like man ner as if he had sign edit, unless the Congress, by their adjournment, pre vent its return, in which case it shall not be a law. 3. Every order, resolution, or vote, to which the concurrence of the Sen ate and House of Representatives may be necessary, (except a ques tion of adjournment,) shall be pre sented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Kspresen- tatives, according to the rules and ! limitations prescribed in the case of a 1 bill. The Congress shall have power— 1. To lay and collect taxes, duties, imposts arid excises, for revenue ne cessary to pay the debts, provide for the common defence, and to carry on the government of the Confeder ate States; but no bounties shall be granted from the treasury; nor shall any duties or taxes on importations from foreign nations be laid to pro mote or foster any branch of indus- i try; and all duties, imposts and ex- j SECTION VIII. The Congress shall have power— 1. To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States ; but all duties, imposts and excist-s shall be uniform throughout the United States: eises shall be uniform throughout the Confederate States: 2. To borrow money on the credit of the Confederate States : 3. To regulate commerce with for eign nations, and among the several States, and with the Indian tribes; but neither this, nor any other clause contained in the Constitution, shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate commerce ; ex cept for the purpose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstructions in river navigation, in all which cases, such duties shall be laid on the navigation facilitated thereby, as may be neces sary to pay the costs and expenses thereof: 4. To establish uniform laws of naturalization, and uniform laws on the subject of bankruptcies, through out the Confederated States, but no law of Congress shall discharge any debt contracted before the passage of the same: 5. To coin money, regulate the value- thereof and of foreign coin, and fix the standard of weights and measures: 6. To provide for the punishment of counterfeiting the securities and current coin of the Confederate States: 7. To establish post-offices and post-routes ; but the expenses of the Post-office Department, after the first day of March, in the year of our Lord eighteen hundred and sixty- three, shall be paid out of its own revenues: 8. Tij promote the progress of science and useful arts, by securing for limited times to authors and in ventors the exclusive right to their respective writings and discoveries: 9. To constitute tribunals inferior to the Supreme Court: 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations: 2. To borrow money on the credit of the United States: 3. To regulate commerce with for eign nations, and among the several States, and with the Indian tribes : 4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, through out the United States: 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures: 6. To provide for the punishment of counterfeiting the securities and current coin of the United States: 7. To establish post-offices and post-roads : 8. To promote the progress of science and useful arts, by securing for limited times to authors and in ventors the exclusive right to their respective writings and discoveries: 9. To constitute tribunals inferior to the Supreme Court: 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations: 9 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water: 12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years: 13. To provide and maintain a navy: 14. To make rules for the govern ment and regulation of the land and naval forces: 15. To provide for calling forth the militia to execute the laws of the Confederate States, suppress insur rections, and repel invasions: 16. To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States; reserving to the States, respectively, the appoint ment of the officers, and the author ity of training the militia according to the discipline prescribed by Con gress: 17. To exercise exclusive legisla tion, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of one or more States and the acceptance of Congress, become the seat of the Government of the Confederate States; and to exercise like authority over all places purchased by the con sent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful build ings: and 18. To make all laws which shall be necessary and proper for carry ing into execution the foregoing powers, and all other powers vested by this Constitution in the govern ment of the Confederate States, or in any department or officer thereof. SECTION IX. 1. The importation of negroes of the African race, from any foreign country, other than the slaveholding States or Territories of the United States of America, is hereby forbid- 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water: 12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years: 13. To provide and maintain a navy : 14. To make rules for the govern ment and regulation of the land and naval forces: 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions: / 16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States, respectively, the 'appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress: 17. To exercise exclusive legisla tion, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of parti cular States and the acceptance of Congress, become the.seat of Govern ment of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings: and, 18. To make all laws which shall be necessary and proper for carry ing into execution the foregoing powers, and all other powers vested by this Constitution in the Govern ment of the United States, or any department or officer thereof. SECTION IX. 1. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thous- den ; and Congress is required to pass such laws as shall effectually prevent the same. 2. Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or Territory not belonging to, this Con federacy. 3. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may re quire it. 4. No bill of attainder, ex post facto law, or law denying or impair ing the right of property in negro slaves, shall be passed. 5. No capitation or other direct tax shall be laid unless in proportion to the census or enumeration herein before directed to be taken. 6. No tax or duty shall be laid on articles exported from any State, ex cept by a vote of twcrthirds of both Houses. 7. No preference shall be given by any regulation of commerce or rev enue to the ports of one State over those of another. 8. No money shall be drawn from j the treasury, but in consequence of j appropriations made by law; and a regular statement and account of the receipts and expenditures of all pub lic money shall be published from time to time. 9. Congress shall appropriate no money from the treasury except by a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the heads of department, and sub mitted to Congress by the President; or for the purpose of paying its own expenses and contingencies; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the in vestigation of claims against the Gov ernment, which it is hereby made the duty of Congress to establish. 10. All bills appropriating money shall specify, in Federal currency, the exact amount of each appropria- and eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dol lars for each person. 2. The privilege of the writ of | habeas corpus shall not be suspended | unless when, in case of rebellion or invasion, the public safety may re quire it. 3. No bill of attainder, or ex post facto law, shall be passed. 4. No capitation or other direct tax shall be laid, unless in proportion, to the census or enumeration herein before directed to be taken. 5. No tax or duty shall be laid on articles exported from any State. No preference shall bo given, by any regulation of commerce or revenue, to the ports of one State over those of another; nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties in another. 6. No money shall be drawn from the treasury but in consequence of appropriations made by law ; and a regular statement and account of the receipts and expenditures of all pub lic money shall be published from time to time. 10 11 tion, and the, purposes for which it is made; and Congress shall grant no extra compensation to any public contractor, officer, agent, or servant, after such contract shall have been made, or such service rendered. 11. No title of nobility shall be granted by the Confederate States; and no person holding any office of profit or trust under them shall, with- 7. No title of nobility shall be granted by the United States, and no person holding any office of profit or trust under them shall, without out the consent of the Congress, ac- j the consent of Congress, accept of cept of any present, emolument, j any present, emolument, office, 'or office or title, of any kind whatever, ! title of any kind whatever, from any from any king, prince, or forei State. ' " 12. Congress shall make no law respecting an establishment of reli gion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and petition the Government for a redress of grievances. 13. A well-regulated militia being necessary to the security of a free State, the right of the people to keep king, prince, or foreign State. 1.* Congress shall make no law respecting an establishment of reli gion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and to petition the Government for a redress of grievances. 2.* A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. [ and bear arms shall not be infringed. 14. No soldier shall, in time of j 3.* No soldier shall, in time of peace, be quartered in any house I peace, be quartered in any house without the consent of the owner; ] without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. 15. The right of the people to be secure in their persons, houses, pa pers and effects, against unreasona ble searches and seizures, shall not be violated; and no warrants shall nor in time of war, but in a manner to be prescribed by law. 4.* The right of the people to be secure in their persons, houses, pa pers and effects, against unreasona ble searches and seizures, shall not be violated; and no warrants shall be searched, and the persons or things to be seized. 18. No person shall be held to answer for a capital or otherwise issue but upon probable cause, sup- j issue but upon probable cause, sup ported by oath or affirmation, and \ ported by oath or affirmation, and particularly describing the place to j particularly describing the place to i be searched, and the persons or things to be seized. .* No person shall be held to wer for a capital or otherwise infamous crime, unless on a present- \ infamous crime, unless on a present ment or indictment of a grand jury, : ment or indictment of a grand jury, except in cases arising in the land or except in cases arising in the land or naval forces, or in the militia, when naval forces, or in the militia, when in actual service, in time of war or in actual service, in time of war or public danger; nor shall any person public danger; nor shall any person be subject, for the same offence, to j be subject, for the same offence, to be twice put in jeopardy of life or j be put twice in jeopardy of life or limb ; nor be compelled, in any crim- j limb; nor shall be compelled, in- any inal case, to be a witness against j criminal case, to be witness against himself; nor be deprived of life, lib- j himself; nor be deprived of life, liber- erty or property, without due process j ty, or property, without due process * Amendment. M./' of law; nor shall private property be taken for public use, without just compensation. 17. In all criminal prosecutions, the accvised shall enjoy the right to a speedy and public trial, by an im partial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be con fronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence. 18. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact so tried by a jury shall be otherwise re-examined in any court of the Con federacy, than according to the rules of the common law. 19. Excessive bail shall not be re quired, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 20. Every law or resolution hav ing the force of law, shall relate to but one subject, and that shall be expressed in the title. SECTION x. 1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money ; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, or ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility. 2. No State shall, without the con sent of the Congress, lay any im posts or duties on imports or exports, except what may be absolutely ne cessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the Con federate States; and all such laws * Amen of law ; nor shall private property be taken for public use without just compensation. 6.* In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impar tial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be con fronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence. 7.* In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by jury shall be otherwise re- examined" in any court of the United States than according to the rules of the common law. 8.* Excessive bail shall not be re quired, nor excessive fines imposed, nor cruel ancl unusual punishments inflicted. SECTION X. 1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money, emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obli gation of contracts; or grant any title of nobility. 2. No State shall, without the con sent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the nett produce of all craties and imposts laid by any State on imports or exports, shall be for the use of the treasury of the United States, and all such laws shall bo clment. 12 sliall be subject to the revision and control of Congress. 3. No State shall, without the con sent of Congress, lay any duty on tonnage, except on sea-going vessels, for the improvement of its rivers and harbors navigated by the said ves sels ; but such duties shall not con- ! flict with any treaties of the Confed- I crate States with foreign nations, | and any surplus revenue, thus de rived, shall, after making such im provement, be paid into the common treasury; nor shall any State keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. But when any river divides or flows through two or more States, they may enter into compacts with each other to improve the navigation thereof. subject to the revision and control of Congress. No State shall, without the con sent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually in vaded, or in such imminent danger as will not admit of delay. ARTICLE II. SECTION I. 1. The executive power shall be vested in a President of the Confed erate States of America. He and the Vice President shall hold their offices for the term of six years; but the President shall not be re-eligible. The President and Vice President shall be elected as follows: 2. Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors equal to the whole number of Sena tors and Representatives to which the State may be entitled in the Congress ; but no Senator or Repre sentative, or person holding an office of trust or profit under the Confeder ate States, shall be appointed an ] elector. j 3. The electors shall meet in their ; respective States and vote by ballot j for President and Vice-President, ' one of whom, at least, shall not be an inhabitant of the same State with themselves ; they shall name in their ballots the person voted for as Presi- ARTICLE II. SECTION I. 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected as follows :— 2. Each State shall appoint, in such manner as the legislature there of may direct, a number of electors, equal to the whole number of Sena tors and Representatives to which the State may be entitled in Con gress ; but no Senator or Represen tative, or person holding any office of trust or profit under the United States, shall be appointed an elector. Art. 12, § 1.* The ejectors shall meet in their respective States, and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as Amendment. 13 dent, and in distinct ballots the per son voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and j of all persons voted for as Vice-Pre sident, and of the number of votes for each, which list they shall sign and cer tify, and transmit, sealed, to the seat of the government of the Confederate States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a ma jority of the whole number of elec tors appointed; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State hav ing one vote; a quorum for this pur pose shall consist of a member or members from two-thirds' of the • States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, when ever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice- President shall act as President,- as in case of the death, or other consti tutional disability of the President. 4. The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and, if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the Vice- President ; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 5. But no person constitutionally President, and in distinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice Presi dent, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representa tives, open all the certificates, and the votes shall then be counted ; _the person having the greatest number of votes for President shall be the President, if such number be a ma jority of the whole number of electors appointed; and if no person have such a majority, then from the per sons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose imme diately by ballot the President. But in choosing the President, the votes shall be taken by States, the repre sentation from each State having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice Presi dent shall act as President, as in the case of the death or other constitu tional disability of the President. 2.* The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of electors appointed ; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice President: a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 3.* But no person constitutionally Amendment. 14 ineligible to the office of President shall be eligible to that of Vice-Pre sident of the Confederate States. 6. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the Confederate States. 7. No person, except a natural born citizen of the Confederate States, or a citizen thereof, at the time of the adoption of this Constitu tion, or a citizen thereof born in the United States prior to the 20th of December, 1860, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years,' and been four teen years a resident within the lim- j its of the Confederate States as they ! may exist at the time of his election. ineligible to the office of President shall be eligible to that of Vice-Pre sident of the United States. 4. The Congress may determine the time of choosing the electors and the day on which they shall give their votes, which day shall be the same throughout the United States. 5. No person, except a natural- born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. 8. In ease of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and the Congress may, by law, provide for the case of removal, death, resignation, or ina- ability both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed or a President shall be elected. 9. The President shall, at stated times, receive for his services a com pensation, which shall neither be in creased nor diminished during the period for which he shall have been elected; and he shall not receive within that period any other emolu ment from the Confederate States, or any of them. . ] 10. Before he enters on the execu tion of his office, he shall take the following oath or affirmation: " I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof." 6. In case of the removal of the | President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and the Congress may by law provide for the case of removal, death, resignation, or ina bility, both of the President and Vice- President, declaring what officer shall then act as President; and such offi cer shall act accordingly, until the disability be removed or a President shall be elected. 7. The President shall, at stated times, receive for his services a com pensation, which shall neither be in creased nor diminished during the period for which he shall have been elected, and he shall not receive i within that period any other emolu- ! ment from the United States, or any ' of them. 8. Before he enters on the execu tion of his office, he shall take the following oath or affirmation : " I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States." 15 SECTION II. 1. The President shall be com- mander-in-chief of the army and navy of the Confederate States, and of the militia of the several States, when called into the actual service of the Confederate States ; he may require the opinion, in writing, of the princi pal officer in each of the Executive Departments, and upon any subject relating to the duties of their respec tive offices ; and he shall have power to grant reprieves and pardons for offences against the Confederate States, except in cases of impeach ment. 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other pub lic ministers and consuls, Judges of the Supreme Court, and all other officers of the Confederate States, whose appointments are not herein otherwise provided for, and which | shall be established by law ; but the j Congress may, by law, vest the ap pointment of such inferior officers, as they think proper, in the Presi dent alone, in the courts of law, or in the heads of Departments. 3. The principal officer in each of the Executive Departments, and all persons connected with the diploma tic service, may be removed from office at the pleasure of the Presi dent. All other civil officers of the Executive Department may be re moved at any time by" the President, or other appointing power, when their services are unnecessary, or for dishonesty, incapacity, inefficiency, misconduct, or neglect of duty ; and when so removed, the removal shall be reported to the Senate, together with the reasons therefor. 4. The President shall have power to fill all vacancies that may happen during the recess of the Senate, by granting commissions which shall ex pire at the end of their next session : but no person rejected by the Senate SECTION II. 1. The President shall be com- mander-in-chief of the army and navy of the United States, and of the militia of the several States when called into the actual service of the United States; he may require the opinion in writing of the principal officer in each of the executive de partments, upon any subject relating to the duties of their respective offices; and he shall have power to grant re prieves and pardons for offences against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present, concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassa dors, other public ministers and con suls, Judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may by law vest the appointment of such inferior offi cers as they think proper in the Pre sident alone, in the courts of law, or in the heads of Departments. 3. The President shall have power to fill up all vacancies that may hap pen during the recess of the Senate, by granting commissions, -which shall expire at the end of their nexf session. 16 shall be re-appointed to the same office during their ensuing recess. SECTION III. 1. The President shall, from time to time, give to the Congress infor mation of the State of the Confeder acy, and recommend to their consid eration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such a time as he shall think proper ; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commission all the officers of the Confederate States. 1. The President, Vice-President, and all civil officers of the Confeder ate States, shall be removed from office on impeachment for, and con viction of, treason, bribery, or other high crimes and misdemeanors. ARTICLE III. SECTION I. 1. The judicial power of the Con federate States shall be vested in one Supreme Court, and in such Inferior Courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and Inferior Courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance ia office. SECTION II. 1. The judicial power shall extend to all cases arising under this Consti tution, the laws of the Confederate States, and treaties made or which shall be made under their authority; to all cfcses affecting ambassadors, other public ministers and consuls; SECTION III. 1. He shall, from time to time, give to Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers ; lie shall take care that the laws be faithfully executed; and shall commission all the officers of the United States. SECTION IV. 1. The President, Vice-Presideat, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors. ARTICLE III. SECTION I. 1. The judicial power of the United States shall be vested in one Supreme Court, and in such Inferior Courts as Congress may, from time to time order and establish. The judges, both of the Supreme and Inferior Courts, shall hold their offices during good behaviour ; and shall, at stated times, receive for their services a com pensation, which shall not be dimin ished during their continuance in office. 1. The judicial power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting am bassadors, other public ministers and 17 to all cases of admiralty and mari time jurisdiction ; to controversies to which the Confederate States shall be a party; to controversies between two or more States ; between a State and citizens of another State where the State is plaintiff; between citi zens claiming lands under grants of different States, and between a State or the citizens thereof, and foreign States, citizens or subjects ; but no State shall be sued by a citizen or subject of any foreign State. 2. In all cases affecting ambassa dors, other public ministers, and con suls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed ; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have di rected. SECTION III. 1. Treason against the Confederate States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be con victed of treason unless on the testi mony of two witnesses to the same overt act, or on confession in open court. 2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeit ure, except during the life of the person attainted. ARTICLE IV. SECTION I. 1. Full faith and credit shall be 2 consuls ; to all cases of admiralty and maritime jurisdiction ; to controver sies to which the United States shall be a party ; to controversies between two or more States; between a State and citizens of another State; be tween citizens of different States; between citizens of the same State claiming lands under grants of differ ent States; and between a State, or the citizens thereof, and foreign States, citizens, or subjects. 2. In all cases affecting ambassa dors, other public ministers, and con suls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Su preme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed ; but when not committed within any State, the trial shall be at such place or places as Congress may by law have directed. SECTION in. 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be con victed of treason, unless on the testi mony of two witnesses to the same overt act, or confession in open court. 2. Congress shall have power to declare the ptmishment of treason ; but no attainder of treason shall work corruption of blood, or forfeit ure, except during the life of the person attainted. ARTICLE IV. SECTION 1. 1. Full faith and credit shall be 18 given in each State to the public acts, records and judicial proceedings of every other State. And the Con gress may, by general laws, prescribe the manner in which such acts, rec ords and proceedings shall be proved, and the effect thereof. SECTION II. 1. The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States, and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired. 2. A person charged in any State with treason, felony, or other crime against the laws of such State, who shall flee from justice, and be found i in another State, shall, on demand of the Executive authority of the State from which he fled, be deliv ered up to be removed to the State having jurisdiction of the crime. 3. No slave or other person held to service or labor in any State or Territory of the Confederate States, under the laws thereof, escaping or lawfully carried into another, shall, in consequence of any law or regu lation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due. SECTION III. 1. Other States may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representatives, and two-thirds of the Senate, the Senate voting by States ; but no new State shall be formed or erected within the juris diction of any other State ; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legisla tures of the States concerned, as well as of the Congress. given in each State to the public acts, records and judicial proceedings of every other State. And Congress may, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. SECTION II. 1. The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States. 2. A person charged in any State with treason, felony, or other crime, who shall flee from justice and be found in another State, shall, on de mand of the Executive authority of the State from which he fled, be de livered up, to be removed to the State having jurisdiction of the crime. 3. No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regu lation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such service or labor may be due. SECTION III. 1. New States may be admitted by Congress into this Union ; but no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the con sent of the Legislatures of the States concerned, as well as of Congress. 19 2. The Congress shall have power to dispose of and make all needful rules and regulations concerning the property of the Confederate States, including the lands thereof. 3. The Confederate States may acquire new territory; and Congress shall have power to legislate and provide governments for the inhabi tants of all territory belonging to the Confederate States, lying with out the limits of the several States ; and may permit them, at such times, and in such manner as it may by law provide, to form States to be admit ted into the Confederacy. In all such territory, the institution of negro slavery as it now exists in the Con federate States, shall be recognized and protected by Congress,' and by the territorial government; and the inhabitants of the several Confed erate States and Territories, shall have the right to take to such terri tory any slaves, lawfully held by them in any of the States or territories of the Confederate States. 4. The Confederate States shall guarantee to every State that now is or hereafter may become a member of this Confederacy, a republican form of government, and shall pro tect each of them against invasion ; and on application of the Legislature (or of the Executive, when the Leg islature is not in session) against do mestic violence. ARTICLE V. 1. Upon the demand of any three States, legally assembled in their several Conventions, the Congress shall summon a Convention of all the States, to take into consideration such amendments to the Constitution as the said States shall concur in sug gesting at the time when the said de mand is made: and should any of the proposed amendments to the Consti tution be agreed on by the said Con vention—voting by States—and the 2. Congress shall have power to dispose of, and make all needful rules and regulations respecting the terri tory, or other property belonging to the United States, and nothing in this Constitution shall be so construed as to prejudice any claims of the United States or of any particular State. SECTION IV. 1. The United States shall guar antee to every State in this Union a republican form of government, and shall protect each of them against invasion; and, on application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic violence. ARTICLE V. 1. Congress, whenever two-thirds of both Houses shall deem it neces sary, shall propose amendments to this Constitution; or, on the appli cation of the Legislatures of two- thirds of the several States, shall call a Convention for proposing amend ments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three- fourths of the several States, or by •20 same be ratified by the Legislatures of two-thirds of the several States, or by Conventions in two-thirds thereof—as the one or the other mode of ratification may be proposed by the general Convention—they shall thenceforward form a part of this Constitution. But no State shall, without its consent, be deprived of its equal representation in. the Senate. ARTICLE VI. 1. The Government established by this Constitution is the successor of the Provisional Government of the Confederate States of America, and all the laws passed by the latter shall continue in force until the same shall be repealed or modified ; and all the officers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abolished. 2. All debts contracted and en gagements entered into before the adoption of this Constitution shall be as valid against the Confederate States under this Constitution as un der the Provisional Government. 8. This Constitution, and the laws of the Confederate States, made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the Confederate States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, any thing in the constitution or laws of any State to the contrary notwith standing. 4. The Senators and Representa tives before mentioned, and the mem bers of the several State Legislatures, and all executive and judicial officers, both of the Confederate States and of the several States, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualifica tion to any office or public trust un der the Confederate States. 5. The enumeration, in the Con stitution, of certain rights, shall not Conventions in three-fourths thereof, as the one or the other mode of rati fication may be proposed by Con gress; provided, that no amendment which may be made prior to the year one thousand eight hundred and eight, shall, in any manner, affect the first and fourth clauses in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. 1. All debts contracted, and en gagements entered into, before the adoption of this Consti'ution, shall be as valid against the United States under this Constitution, as under the Confederation. 2. This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, any thing in the Constitution or laws of any^State to the contrary notwith standing. 3. The Senators and Representa tives before mentioned, and the mem bers of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Consti- tion : but no religious test shall ever be required as a qualification to any office, or public trust, under the United States. 9.* The enumeration in the Con stitution of certain rights, shall not '* Amendment. 21 be construed to deny or disparage others retained by the people of the several States. 6. The powers not delegated to the Confederate States by the Con stitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people thereof. ARTICLE VII. 1. The ratification of the Conven tions of five States shall be sufficient for the establishment of this Consti tution between the States so ratify ing the same. 2. When five States shall have ratified this Constitution, in the man ner above specified, the Congress un der the Provisional Constitution shall prescribe the time for holding the election of President and Vice Presi dent ; and, for the meeting of the Electoral College ; and, for counting the votes, and inaugurating the Pres ident. They shall, also, prescribe the time for holding the first election of members of Congress under this Con stitution, and the time for assembling the same. Until the assembling of such Congress, the Congress under the Provisional Constitution shall con tinue to exercise the legislative pow ers granted them ; not extending beyond the time limited by the Con stitution of the Provisional Govern ment. be construed to deny or disparage others retained by the people. 10.* The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people. ARTICLE VII. 1. The ratification of the Conven tions of nine States shall be sufficient for the establishment of this Consti tution between the States so ratifying the same. * Amendment, Felix Hargrett Collection University of Georgia Libraries